Rape by Fraud?

Political Philosophy
21

Wouldn’t I have to show that somebody sent me a fake military ID (or something like it) to prosecute them for theft/fraud? Would the state ever get involved if I was operating on the honor system?

Assuming that the question of them being military was the only material fact in question, yes, you would have to prove that you asked and they told. I bought an expensive program once that had an academic discount, and was required to send a photocopy of my faculty ID; if it had been a fake, I could have been prosecuted for fraud, assuming that it could be proven that it was fake. You, as the victim, don’t have to do the forensic work required to prove in court that a false claim was made – that is where the state gets involved. If your suspicion is base on something substantial (e.g. an American ID spelling the word “defense” with a “c”), the prosecution will take it from there. If your suspicion is in error (the ID is Canadian), the prosecutor will probably let you know about Canadian spelling.

Even if all you require is that a person say “Please give me the military discount, I am in the US Marines”, without any ID, if you have evidence that the claim is false, that’s prosecutable. (Now, how do you know that it’s false? Hunches don’t count). I do not know if you would have any luck with a person who simply says “Please give me the military discount”, because that isn’t a false representation – it’s a request, not a representation.

22

I can buy that.

23

I’m wondering how long it will take for your comment to hit the trash bin, Ragnar69. But I’ll try to address what I think are the serious points:

  1. If you make it clear to a woman that you will not have sex with a woman unless she fulfills certain criteria, I’d say she’s guilty of some sort of crime if she deceives you about that criteria to get you into bed. I’d make the prosecution prove that you made her aware of this (something in writing would be fantastic). I personally don’t think 18 months in jail is appropriate for such a crime, although I don’t know how I’d begin to determine an objective sentence.

  2. Again, there is no single charge of “Rape”. There are different degrees that reflect the differing severity of the crimes and he is copping to a lesser charge of rape by deception.

  3. It is not clear that this woman is a racist. The article states that her main concern is religion, not race. A religion is a consciously held conviction, unlike race. The writer of the article seems to hold the misconception that an Arab cannot be a Jew. Based on the fact that he’s an Arab I’d assume he’s Muslim, but this isn’t true in the case of every Arab. The article should have mentioned his religion instead of his ethnicity.

Edit: Apparently the post was deleted in the time it took me to write a response. Good.

24

Were you just linking to this for a little extra context?

Yeah, since the trend in the last decade has been for prosecutor’s to charge men accused of “rape” when in most cases by definition rape is not even occuring. For example in Washington state, they have 1st, 2nd and 3rd degree criteria for rape - with 3rd degree basically being if a man has sex with a woman and the following day, she regrets it or decides she really did not want to have sex and requires no physical proof of forced entry, just a woman claiming she was raped.

I had a close friend in college (when I was in Washington)that was accused of “date rape” by an ex girlfriend he had sex with that was jealous he was in a relationship with someone else and he was charged with 3rd degree rape based on her accusation, and his admission that they did in fact have sex. It was prosecuted in a backward county in Washington and the jury convicted him. He did 2.5 years, could not go back to college after he got out, and has had to work menial jobs for the last decade and a half and a times unable to find work.

Fast forward (that happened in 94) to summer 2005, when I was renting a room at my house to him with his life destroyed, and his ex girlfriend that caused it all found him on Facebook and sent him a message that led to phone calls, texts and eventually them being back together again for over a year. I was speechless when she first came to my house but let the situation take it’s course and watched it unfold. She apologized to him and said she was “confused” and that she only initially told a close girlfriend that he raped her but her girlfriend went to a university counselor and told her, who told the campus, who called the police - and at one point her father found out through her. She was in tears at my house telling him that she was “pressured” by her father, “manipulated” by the prosecutor, etc, etc And he took her back and they spent over a year together. He went so far as to hire an attorney and she came clean about what she said happened in 94. The original prosector that handled the case was contacted and he wrote a two page letter back to my friend’s attorney that said alot but concluded with:

“It is often common for women involved in dating relationships to change or revise their version of past events, although they were actually harmed. It was my job as a prosecutor to address the liklehood that it occurred. . . .” and it went on and on. That particular prosecutor eventually grew a conscience and stopped handling cases and going to trial and transferred to the information systems and recordkeeping division of that county’s prosecutors office.

To conclude, and after having read The Fountainhead years ago, and in terms of the “rape” part of the story with Domonique - given the proper circumstances and situation, and a different woman involved in a real world scenario - Howard Roark would have been arrested and charged with rape, convicted and lived the rest of his life as a registered sex offender, and no kind of epic speech to the jury like he did in the book would have saved him.

Skydive Outlaw